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So what: Linn announced that the SEC said it has "no further comments" on the company's filed S-4, and Linn announced a November 6 conference call. Of course, this comes a day after the merger deadline passed, but as of right now, it's still on.

Now what: The question is whether or not Berry's shareholders still see a merger as a good deal, which is extremely questionable at this point. The 1.25 shares of Linn Co they would get are worth $41.50 right now, well below Berry's stock price of $48.80. This may clear a hurdle, but it also comes at a time that Berry has a way out of the merger.